Case: Putman v. Bd. of Educ. of Somerset Indep. Sch.

6:00-cv-00145 | U.S. District Court for the Eastern District of Kentucky

Filed Date: March 24, 2000

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On March 24, 2000, a former high school student allegedly harassed on the basis of his sex and sexual orientation, brought suit in the U.S. District Court for the Eastern District of Kentucky against the Board of Education of Somerset Independent Schools.As detailed in the United States' Amicus Curiae brief, the plaintiff, represented by private counsel, claimed that the defendant discriminated against him based on his sex in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. …

On March 24, 2000, a former high school student allegedly harassed on the basis of his sex and sexual orientation, brought suit in the U.S. District Court for the Eastern District of Kentucky against the Board of Education of Somerset Independent Schools.

As detailed in the United States' Amicus Curiae brief, the plaintiff, represented by private counsel, claimed that the defendant discriminated against him based on his sex in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., and violated his right to be free from discrimination based on his sex and sexual orientation under the Equal Protection Clause of the Fourteenth Amendment under 42 U.S.C. § 1983. Specifically, the plaintiff claimed that the defendant was indifferent to ongoing physical, verbal, and sexual harassment he experienced at the hands of peers from 1997 until 1999, by failing to take action to end the harassment. Instead of responding to the plaintiff's complaints, administrative officials told him to ignore the behavior and that the school system's policies didn't cover same-sex sexual harassment, treating him differently because of his sex and sexual orientation.

As the case implicated Equal Protection and Title IX concerns, on July 31, 2000, the United States sought the court's leave to participate as amicus curiae in opposition of the defendants' motion to dismiss. This permission was granted by the Court (Judge Jennifer B. Coffman) on October 10, 2000. On January 16, 2001, the Court dismissed the action due to a final settlement reached between the parties. According to a summary posted on the US Department of Justice Civil Rights Division website and information provided by the ACLU and Lambda Legal, the settlement required the Board of Education to pay the plaintiff $135,000 and modify its sexual harassment policies to prohibit discrimination against students and employees on the basis of sexual orientation.

Summary Authors

Stella Cernak (4/6/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6308997/parties/putman-v-somerset-ind-sch-boe/


Judge(s)

Coffman, Jennifer B. (Kentucky)

Attorneys(s) for Plaintiff

Hoffman, Everett Clay (Kentucky)

Owsley, Michael A. (Kentucky)

Stewart, John Frith (Kentucky)

Attorneys(s) for Defendant

Altobella, Michelle Ross (Kentucky)

Huff, Winter R. (Kentucky)

Prather, John G. (Kentucky)

Expert/Monitor/Master

Glassman, Jeremiah (District of Columbia)

Graham, Jane E. (Kentucky)

Lee, Bill Lann (California)

Judge(s)

Coffman, Jennifer B. (Kentucky)

Attorneys(s) for Plaintiff

Hoffman, Everett Clay (Kentucky)

Owsley, Michael A. (Kentucky)

Stewart, John Frith (Kentucky)

Attorneys(s) for Defendant

Altobella, Michelle Ross (Kentucky)

Huff, Winter R. (Kentucky)

Prather, John G. (Kentucky)

Expert/Monitor/Master

Glassman, Jeremiah (District of Columbia)

Graham, Jane E. (Kentucky)

Lee, Bill Lann (California)

Simons, Valerie (District of Columbia)

Documents in the Clearinghouse

Document

6:00-cv-00145

Docket [PACER]

Putnam v. Somerset Ind Sch BOE

Jan. 16, 2001

Jan. 16, 2001

Docket

6:00-cv-00145

US Amicus Brief

July 31, 2000

July 31, 2000

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6308997/putman-v-somerset-ind-sch-boe/

Last updated Aug. 5, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (7 summons(es) issued) with copy mailed to atty for plf for service of process; Fee Paid $ 150, Receipt No. 083252 (RBB) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

PACER
2

MOTION by dfts, Somerset Ind Sch BOE, Michael LaFavers, Monte E. Chance, Ray Vater, Sharon G. Flowers, Marshall Judy, Taylor to dismiss (RBB) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

PACER
3

MEMORANDUM by dfts Somerset Ind Sch BOE, Michael LaFavers, Monte E. Chance, Ray Vater, Sharon G. Flowers, Marshall Judy, Charles Taylor in support of motion to dismiss [2-1] (RBB) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

PACER
4

STIPULATION RE: BRIEFING SCHEDULE by Judge Jennifer B. Coffman: by agreement of parties; plf's response in opposition to dfts' motion to dismiss due 5/22/00; dfts reply/brief due 6/12/00 (cc: all counsel) [EOD Date: 5/9/00] (NHS) (Entered: 05/09/2000)

May 9, 2000

May 9, 2000

PACER
5

MOTION by plaintiff Bradley Putman to extend time to respond to motion to dismiss (SKV) (Entered: 05/30/2000)

May 24, 2000

May 24, 2000

PACER
6

RESPONSE by dfts to motion to extend time to respond to motion to dismiss [5-1] (No opposition) (SKV) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

PACER

SUBMITTED re mt to extd time to resp to mt to dismiss [5-1] (RBB)

May 31, 2000

May 31, 2000

PACER
7

ORDER by Judge Jennifer B. Coffman granting plf's motion to extend time to respond to dft's motion to dismiss [5-1], RESPONSE DDL 6/6/00; REPLY DDL 6/26/00 (cc: all counsel) [EOD Date: 6/6/00] (RBB) (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

PACER
8

ENTRY OF APPEARANCE for plf Bradley Putman by Michael A. Owsley, atty (RBB) (Entered: 06/08/2000)

June 7, 2000

June 7, 2000

PACER
9

MOTION by plaintiff Bradley Putman for leave to exceed page limit and request for oral argument (RBB) (Entered: 06/08/2000)

June 8, 2000

June 8, 2000

PACER

PROPOSED RESPONSE tendered by plf Bradley Putman in response to dft's mt to dismiss (RBB)

June 8, 2000

June 8, 2000

PACER
10

ORDER by Judge Jennifer B. Coffman granting plf's motion requesting oral argument [9-2], ORDERED ORAL ARGUMENT IS SCHEDULED FOR 8/18/00 @ 2:00 p.m. (cc: all counsel) [EOD Date: 6/14/00] (RBB) (Entered: 06/14/2000)

June 13, 2000

June 13, 2000

PACER
11

ORDER by Judge Jennifer B. Coffman granting plf's motion for leave to exceed page limit [9-1] granting filing of plf's Response to dfts' mt to dismiss (cc: all counsel) [EOD Date: 6/14/00] (RBB) (Entered: 06/14/2000)

June 13, 2000

June 13, 2000

PACER
12

RESPONSE by plaintiff Bradley Putman to dft's motion to dismiss complaint [2-1] (RBB) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

PACER
13

REPLY by dft Somerset Ind Sch BOE, Michael LaFavers, Monte E. Chance, Ray Vater, Sharon G. Flowers, Marshall Judy, Charles Taylor to response to motion to dismiss [2-1] (NHS) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

PACER

SUBMITTED re motion to dismiss [2-1] is submitted (NHS)

June 27, 2000

June 27, 2000

PACER
14

NOTICE by USA OF INTENT TO FILE motion for leave to participate as amicus curiae (NHS) (Entered: 07/03/2000)

July 3, 2000

July 3, 2000

PACER
15

MOTION by plaintiff Bradley Putman for leave to file sur-reply in opposition to dfts' mt to dismiss complaint (RBB) (Entered: 08/03/2000)

July 28, 2000

July 28, 2000

PACER

PROPOSED SUR-REPLY tendered by plaintiff Bradley Putman (RBB)

July 28, 2000

July 28, 2000

PACER
16

MOTION by USA for leave to participate as Amicus Curia in opposition to dfts mt to dismiss (RBB) (Entered: 08/03/2000)

July 31, 2000

July 31, 2000

PACER

PROPOSED RESPONSE/MEMORANDUM tendered by USA in opposition to dfts'mt to dismiss (RBB)

July 31, 2000

July 31, 2000

PACER
17

RESPONSE by dft Somerset Ind Sch BOE, Michael LaFavers, Monte E. Chance, Ray Vater, Sharon G. Flowers, Marshall Judy, Charles Taylor to motion for leave to participate as Amicus Curia in opposition to dfts mt to dismiss [16-1] (RBB) (Entered: 08/16/2000)

Aug. 14, 2000

Aug. 14, 2000

PACER
18

AMENDMENT (TO CERTIFICATE OF SERVICE) by dfts Somerset Ind Sch BOE, Michael LaFavers, Monte E. Chance, Ray Vater, Sharon G. Flowers, Marshall Judy, Charles Taylor to dft's response to USA's Mt for lv to participate Amicus Curiae [16-1] (RBB) (Entered: 08/16/2000)

Aug. 14, 2000

Aug. 14, 2000

PACER
19

RESPONSE by dfts Somerset Ind Sch BOE, Michael LaFavers, Monte E. Chance, Ray Vater, Sharon G. Flowers, Marshall Judy, Taylor to motion for leave to file sur-reply in opposition to dfts' mt to dismiss complaint [15-1] (RBB) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

PACER
20

ORDER by Judge Jennifer B. Coffman: RESCHEDULING ORAL ARGUMENT CURRENTLY SCHEDULED FOR 8/18/00 unitl 9/15/00 @ 10:00 a.m. (cc: all counsel) [EOD Date: 8/16/00] (RBB) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

PACER
21

REPLY USA to response to motion for leave to participate as Amicus Curia in opposition to dfts mt to dismiss [16-1] (NHS) (Entered: 08/24/2000)

Aug. 24, 2000

Aug. 24, 2000

PACER

SUBMITTED re motion for leave to participate as Amicus Curia in opposition to dfts mt to dismiss [16-1] is submitted (NHS)

Aug. 24, 2000

Aug. 24, 2000

PACER

SUBMITTED re motion for leave to file sur-reply in opposition to dfts' mt to dismiss complaint [15-1] is submitted (RBB)

Aug. 28, 2000

Aug. 28, 2000

PACER
22

JOINT MOTION by Charles Taylor, Marshall Judy, Sharon G. Flowers, Ray Vater, Monte E. Chance, Michael LaFavers, Somerset Ind Sch BOE, Bradley Putman to continue oral hearing on mt to dismiss (RBB) (Entered: 09/20/2000)

Sept. 15, 2000

Sept. 15, 2000

PACER
23

ORDER by Judge Jennifer B. Coffman: ORDERED plf's mt for lv to file sur-reply is DENIED; TENDERED SURREPLY SHALL BE STRICKEN FROM RECORD; ORDERED US' motion for lv to participate amicus curiae is GRANTED; US' tendered memorandum in opposition to dfts' mt to dismiss shall be deemed FILED AS OF DATE OF ENTRY OF THIS ORDER; ORDERED dfts may reply to US memorandum in opposition w/in 20 days of date of entry of this order; ORDERED court will hear ORAL ARGUMENT ON DFT'S MT TO DISMISS ON DECEMBER 5, 2000 @ 10:00 A.M. * setting hearing on motion to dismiss [2-1] (cc: all counsel) [EOD Date: 10/11/00] (RBB) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

PACER
24

RESPONSE by amicus USA to dfts' motion to dismiss [2-1] (RBB) (Entered: 10/16/2000)

Oct. 11, 2000

Oct. 11, 2000

PACER
25

RESPONSE by dfts Charles Taylor, Marshall Judy, Sharon G. Flowers, Ray Vater, Monte E. Chance, Michael LaFavers, Somerset Ind Sch BOE to dft USA's memorandum [24-1] as Amicus curiae in opposition to dfts' motion to dismiss [2-1] (RBB) (Entered: 10/31/2000)

Oct. 30, 2000

Oct. 30, 2000

PACER
26

ORDER by Judge Jennifer B. Coffman: ORDERES action is DISMISSED W/O PREJUDICE and STRICKEN from ACTIVE DOCKET; parties shall TENDER an agreed order dismissing case w/ prejudice w/in 45 days of the entry of this Order; court will entertain a mt to redocket this action upon application to this Court w/in 45 days from entry of this Order if the settlement is not consummated; FURTHER ORDERED that the oral argument currently scheduled for December 5, 2000 is hereby CANCELLED *terminating case (cc: all counsel) [EOD Date: 12/4/00] (RBB) (Entered: 12/04/2000)

Dec. 1, 2000

Dec. 1, 2000

PACER
27

AGREED ORDER OF DISMISSAL by Judge Jennifer B. Coffman: upon agreement of parties; action DISMISSED W/PREJUDUICE; as fully and finally settled; dismissing case (cc: all counsel) [EOD Date: 1/16/01] (NHS) (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Education

Key Dates

Filing Date: March 24, 2000

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A former high school student verbally, physically, and sexually harassed by fellow students on the basis of his sex and sexual orientation, whose school failed to effectively handle the harassment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Board of Education of Somerset Independent Schools, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 135,000

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Issues

General:

Aggressive behavior

Failure to discipline

Failure to supervise

Gay/lesbian/transgender

Staff (number, training, qualifications, wages)

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Male

Type of Facility:

Government-run